Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 257

                                                -324-                                                   
            Issue IV.  Whether Kanter Received Unreported Income From Hi-                               
                         Chicago Trust During 1981 to 1983 (STJ report at 106-                          
                        111)130                                                                         
                  Respondent determined that payments of $42,720, $19,247, and                          
            $109,399 Hi-Chicago Trust made to THC during 1981, 1982, and                                
            1983, respectively, constituted income earned by Kanter.  The                               
            parties filed with the Court a stipulation of settled issues in                             
            which Kanter conceded the adjustment for the taxable year 1981.                             
            The parties disagree whether the payments Hi-Chicago Trust made                             
            to THC during 1982 and 1983 represent Kanter’s income.                                      
                                          FINDINGS OF FACT                                              
                  Hi-Chicago Trust was established in 1972.  The trust’s                                
            beneficiaries included members of Hyman Federman’s family.                                  
            Federman is a friend of Kanter.  Neither Kanter nor Kanter’s                                
            family are or have been beneficiaries of the trust.                                         
                  From Hi-Chicago Trust’s inception in 1972 through at least                            
            1989, Kanter was trustee for the trust.  The trust instrument                               



                  130  The STJ report recommended holding that respondent is                            
            barred from making any determination concerning the taxable year                            
            1983 on account of the expiration of the period of limitations                              
            governing assessment and collection for that year.  As previously                           
            discussed, we determined that Kanter’s income tax returns for the                           
            years at issue were fraudulent, and, therefore, the period of                               
            limitations remains open pursuant to sec. 6501(c)(1).                                       
                  The foregoing aside, the Court’s disposition of this issue                            
            represents in large measure a wholesale adoption of the                                     
            recommended findings of fact and conclusions of law set forth in                            
            the STJ report.                                                                             





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